Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority

REASONS FOR JUDGMENT 1 In Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 2) [2012] FCA 1297 (Repacholi Summary Judgment) I held that the applicants' minute of further re-amended statement of claim must be disallowed and an application to file a further re-amended statement of claim dismissed. I concluded that the respondent's (CASA) application under s 31A of the Federal Court of Australia Act 1976 (Cth) must succeed. 2 I gave an opportunity for submissions to be filed by each of the parties following the Repacholi Summary Judgment but only CASA has filed submissions. Despite reminders given to the applicants' solicitors, no submissions have been filed in response to the CASA's submissions or otherwise. The applicants are weeks out of time. On 31 January 2013 the parties were notified that I would be making final orders on the basis that the applicants had not filed submissions. 3 In relation to costs, CASA cites r 40.04 of the Federal Court Rules 2011 (Cth) and submits that costs should follow the event. There are no special circumstances in this case suggesting otherwise. I accept that submission. The costs should therefore be on a party and party basis: Colgate-Palmolive Co v Cussans Pty Ltd (1993) FCR 225 (at 232-233) per Sheppard J. Further, a number of costs orders have already been made not only while these proceedings have been conducted in this court but also in respect of various interlocutory proceedings in the Supreme Court of Western Australia before the proceedings were cross vested. Those orders were made in favour of CASA on the usual party and party basis. Other costs have been reserved. A schedule of reserved costs appears below. 4 CASA is entitled to its costs of the whole of the proceedings on the usual basis. Date Judicial Officer Nature of Hearing 24 November 2008 Registrar Johnson (WASC) Referral of plaintiff's application for leave to file and serve amended statement of claim to Master (note that order reserves costs to the Master) 9 January 2009 Master Sanderson (WASC) Consent orders programming interlocutory applications for leave to file and serve amended statement of claim and for summary judgment 9 March 2009 Master Sanderson (WASC) Transfer of the proceeding and extant interlocutory applications to Federal Court (note that order reserves costs to the Federal Court) 21 April 2009 McKerracher J First Directions 10 September 2010 Gilmour J Leave to appeal 1 February 2012 McKerracher J Interlocutory hearing for transfer to Victorian Registry and for leave to file and serve amended statement of claim 3 May 2012 McKerracher J Interlocutory hearing regarding leave to file and serve amended statement of claim and dismissing claim as against the second respondent 19 July 2012 McKerracher J Interlocutory hearing programming applicants' application for leave to file and serve amended statement of claim and respondent's application for dismissal under s 31A FCA